Civil Procedure Rules - Help needed!

[Diana M]

Re: Civil Procedure Rules - Help needed!

How much was the loan for, and which bank was it with, put up some information on here.

The OP has already posted all the relevant information for this claim in post # 1 of this thread.

Di

[Diana M]

Re: Civil Procedure Rules - Help needed!

I'd heard nothing since until today, I have received a letter of proposed allocation to fast track by the county court business centre.
Is this even possible?

What is the deadline for filing your Directions Questionnaire?

Make sure you don't miss that while you're busy unraveling the mystery of how your Defence got filed without you realising it.

Di

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

What is the deadline for filing your Directions Questionnaire?

Make sure you don't miss that while you're busy unraveling the mystery of how your Defence got filed without you realising it.

Di

I have until the 26th September, so I am hoping I can get a great deal of detective work done in the meantime!

[sloane82]

Re: Civil Procedure Rules - Help needed!

Good to hear, i hope you get your, money back.

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

So it appears that H&C decided to send a defence to the courts for me, how very nice of them! They forwarded all my correspondence to them and Hoist as my defence. So I have now sought legal representation to fight this ridiculous case! Clearly they do nothing by the book. Thank you everyone for your help.

[Diana M]

Re: Civil Procedure Rules - Help needed!

Ok Hannah you can edit /fill in date etc.

Private & Confidential.
Mr Howard Cohen
Senior Partner
Howard Cohen & Co.
Address as on claim form.

Date:

Ref: County Court Claim No..............................................
Claimant Hoist Portfolio.
Intermediary Robinson Way Ltd.

Dear Mr Cohen,

I refer to the above mentioned county court claim issued on date.................................. service of which was acknowledge with the court on date.

Receiving this claim has prompted me to check in detail my credit history and I do not acknowledge any debt to your client nor did I admit any liability to your client predecessor MKDP.

I have concluded after making in detail checks that the alleged debt is Statute Barred no payment or unequivocal written admission of liability having been made in more than 6 years.

I formally state that given the information above I will not at anytime now or in the future any payment towards the alleged debt.

As you are no doubt aware that if your client decides to challenge the status of the alleged debt they must provide unequivocal proof that this matter is not statute barred.

Should your client wish to continue this claim it will be robustly defended.

I suggest that you now advise your client to discontinue the claim in the interest of saving costs and court time.

Your prompt reply would be appreciated.

Yours etc.

Use signed for post and check delivery date and signature print a copy and keep for your records.

It appears that Howard Cohen's only response to this letter was to file it at court as Hannah's Defence without her even knowing

That's the problem when a LIP writes to the other side's solicitor prior to filing a Defence. There's a risk that they'll take advantage of the situation. Any letter written has the potential to be included in the Trial Bundle. This one will.

Di

[Amethyst]

Re: Civil Procedure Rules - Help needed!

Better to stick with the CPR letters and add into those if you feel the claim is statute barred, but are HC actually allowed to file a defence on behalf of the defendant ? Seems an odd thing to do as if that was meant to be the defence and no actual defence was filed then they could have just filed for default judgment. Seems like an odd tactic.

[Anthony72]

Re: Civil Procedure Rules - Help needed!

Best thing to do under the circumstances, well IMHO anyway

[sloane82]

Re: Civil Procedure Rules - Help needed!

I hope you win your case, good luck and get some good legal, representation.

[Anthony72]

Re: Civil Procedure Rules - Help needed!

I hope you win your case, good luck and get some good legal, representation.

I suspect that the legal representation is that of the authorised rep Diana M

[Diana M]

Re: Civil Procedure Rules - Help needed!

I suspect that the legal representation is that of the authorised rep Diana M

Possibly

Di

[Anthony72]

Re: Civil Procedure Rules - Help needed!

Sorry I wasn't asking you to breach client confidentiality

[Diana M]

Re: Civil Procedure Rules - Help needed!

Sorry I wasn't asking you to breach client confidentiality

What client

Di